Legal Opinion

Julius James Larry, III v. Doug Dretke, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Court of Appeals for the Fifth Circuit

Decided April 19, 2004No. 02-21010PublishedCited by 64 opinions

1Opinion of the Court

EMILIO M. GARZA, Circuit Judge:

Julius James Larry, III filed a federal petition for habeas corpus challenging his Texas state court conviction for theft. The district court dismissed the petition as time-barred under the Anti-terrorism and Effective Death Penalty Act (“AEDPA”). Larry appeals arguing that because his state application was “properly filed” the statute of limitations was tolled and his federal habeas application was timely filed. Larry’s state application was not “properly filed” therefore we AFFIRM the district court’s ruling dismissing his petition.

I

Larry was convicted in…

2Cases cited17 opinions

  1. Artuz v. BennettSupreme Court of the United States · 2000
  2. Fisher v. JohnsonCourt of Appeals for the Fifth Circuit · 1999
  3. Davis v. JohnsonCourt of Appeals for the Fifth Circuit · 1998
  4. Coleman v. JohnsonCourt of Appeals for the Fifth Circuit · 1999
  5. United States v. PattersonCourt of Appeals for the Fifth Circuit · 2000

12 more not listed; retrieve them via the Exa API.

3Cited by64 opinions

  1. Causey v. CainCourt of Appeals for the Fifth Circuit · 2006
  2. Robert F. Caldwell v. Doug Dretke, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Pete Ronald Martinez v. Doug Dretke, Director, Texas Department of Criminal Justice, Correctional Institutions Division, David Franklin Beck v. Doug Dretke, Director, Texas Department of Criminal Justice, Correctional Institutions DivisionCourt of Appeals for the Fifth Circuit · 2005
  3. Kirby Tate v. Jerry ParkerCourt of Appeals for the Fifth Circuit · 2011
  4. Mark v. ThalerCourt of Appeals for the Fifth Circuit · 2011
  5. Howland v. QuartermanCourt of Appeals for the Fifth Circuit · 2007

59 more not listed; retrieve them via the Exa API.

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